Understanding Alimony and Spousal Support in Atascocita, TX

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In the state of Texas, those undergoing a divorce can seek alimony or spousal support. Both terms refer to regular payments made by one spouse to the other to provide financial assistance during or after a divorce. The amount paid depends on the specific needs and earning capacities of both parties involved.

Let’s distinguish between the two:

• Alimony: This is a monetary contribution given to a spouse during the divorce process for sustenance and to aid them in regaining their financial stability. In Texas, alimony is often referred to as spousal maintenance.
• Spousal support: These are ongoing, court-ordered payments that continue post-divorce to supplement a spouse’s income or cater to their needs.

Eligibility for spousal maintenance?

A court may decree spousal maintenance if the spouse seeking such assistance will lack sufficient property post-divorce to meet their basic needs. Typically, courts consider granting alimony in cases where one spouse has been convicted of family violence against the other during the marriage. Additionally, if the spouse seeking support is unable to earn sufficient income due to a disability, the court is usually inclined to award spousal support.

Spouses can also be eligible for support if they were married for a decade or more and the spouse seeking support cannot earn enough to maintain the standard of living they enjoyed before the divorce. If the spouse seeking support has custody of a physically disabled child, spousal support is usually granted in addition to child support.

Factors the Court Considers when Determining Support/Alimony

The court doesn’t arbitrarily grant alimony to anyone who demands it. They are aware that sometimes the paying spouse might not be able to afford the spousal support payments.

Therefore, the court typically examines several factors, including:

• The financial resources of each spouse at the time of the divorce
• Length of the marriage
• Age, employment history, earning ability, and physical and emotional health of the spouse
• Child support obligations
• Use of community property funds
• Each spouse’s education and employment skills
• Any incidences of adultery during the relationship
• Any history of family violence
• The property that each spouse brought to the marriage
• The role of one spouse as a homemaker during the marriage
• Whether the spouse seeking support contributed to the education or training of the other spouse
• Alimony or Spousal Support and a Disabled Spouse in Harris and Montgomery Counties in Texas
• Know How to Determine Whether Alimony will be Owed and for How Long, When Preparing for Your Texas Divorce
• 3 Important Facts about Texas Alimony and Spousal Support

Questions About Spousal Support?

Atascocita attorney Bryan Fagan may be able to advocate for you in these matters, whether you are the paying spouse or the recipient. The firm concentrates almost solely on family law and divorce cases, providing Attorney Fagan with a unique perspective on even the most intricate cases.

If you want more information about spousal support and alimony, don’t hesitate to contact the firm today!